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UNITED STATES v. BARKER

No. 81-1691.

681 F.2d 589 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Loan Kim BARKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1982.

Rehearing Denied September 10, 1982.

Attorney(s) appearing for the Case

Bernard L. Segal, San Francisco, Cal., argued, for defendant-appellant; Richard A. Pipes, Agana, Guam, on brief.

David Wood, U. S. Atty., Agana, Guam, for plaintiff-appellee.

Before KILKENNY and HUG, Circuit Judges, and BROWN, District Judge.

HUG, Circuit Judge:

Loan Kim Barker seeks dismissal of an indictment charging her with first degree murder and conspiracy to commit murder. Barker negotiated a plea agreement with the Government under which she pleaded guilty to second degree murder and the Government moved to dismiss the indictment. When Barker's guilty plea was set aside, the Government reinstated the original indictment. Barker contends this reinstatement violated her rights under the double jeopardy...

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